Can Management Act Against Employees Who Leave Without Notice and Keep Company Property?

Dear Friends,

Can anybody help me? Can management take action against those who left the company without any prior notice and have company property with them? We issued the appointment letter to employees as well. Can management take any action against such individuals?

If possible, please suggest to me in this regard.

Thank you,
Krishna.

Dear Krishna,

Yes, the company can take legal action against that employee. The company can first send a request letter to the employee. In case the employee does not respond to that letter, then the company can send him/her a warning letter stating that if the employee does not respond by returning the company property, the company has the full right to go to civil court. Subsequently, the company can issue a civil court notice to the employee (only in the worst circumstances/as a last resort).

Regards,
Ankit
09869851356
ankitchtrvd@gmail.com

Dear Mr. Krishna,

You can definitely take legal action against the employee for breach of the employment contract. First, you should give him notice, followed by a legal notice from your company's lawyer if the employee does not respond to your initial notice.

Regards,
S. Ramachandran
9840713080

Dear Mr. Krishna,

You can definitely take legal action against the employee for breach of the employment contract. Firstly, you should give him notice, followed by a legal notice from your company's lawyer if the employee does not respond to your initial notice.

Regards,

S. Ramachandran
9840713080

Hi,

As per the Supreme Court, it's said that "No employee" can be bound by the bonds, and it's the freedom of the employee to leave the organization. However, in the case of standing orders between the company and employees, like training agreements or deputation agreements, the employer will have the upper hand. Just accepting the offer doesn't mean the employer can take legal action.

Regards,

Bharath R
Employee Care Division
Cybernet Slashsupport

Hi Krishna,

Definitely the company can take action against such individuals. Firstly, the company needs to send a letter to the individual's residential address as per the official records. Another notice is required to be sent in case of non-receipt of a reply.

Subsequently, an FIR can be filed against the staff member for absconding with the company's assets. The company should provide the necessary documentation regarding the handover of assets for official use purposes.

Legal action can then be pursued against such staff members.

Regards,
Ganesh

Hi,

I worked for one of the Tata Group companies in Chennai. They sent me on-site to Belgium. Before leaving India, the HR head issued a letter stating the salary would be 3500 euros per month. However, upon arrival, they only provided 1000 euros as an allowance. When I inquired, they explained that the remaining amount was for house rent, which the company would cover. Despite my offer to arrange my own accommodation, they did not agree. Additionally, they requested us to sign a bond for one year (for a six-month on-site assignment), to which I agreed. During my time there, I worked tirelessly, but the manager was extremely arrogant and took advantage of the one-year bond. After completing five months, I returned offshore.

I took an 8-day leave and informed my manager via email that I was unwell. However, upon my return to the office, they terminated my employment. They have not paid my salary for the last three months or my notice period money. It has been two months since then, and every time I contact them, they assure me that the payment will be made that week. Could you please advise me on whether I can take any legal action?

Let me know the current status of the applicability of the Mathadi Act to the factories in Maharashtra after the judgment of the Supreme Court given in October 2009.

All these are legal questions. My advice is that one should consult their legal advisor for the appropriate law and actions. Legal actions by an employer or employee are a highly technical matter, and naive advice will only hamper your case in litigation proceedings.

No, I don't think management should go for legal action against the former employee. Simply deduct the amount from his full and final settlement, and that should suffice. If the deducted amount is less than the outstanding recovery amount, as usual, send an HR representative to the employee's residence to collect the remaining sum. If this is not feasible, then send a formal letter instructing the employee to return company property by a specified date. Failure to comply may lead to legal action being taken. However, in most cases, when an employee leaves the company, the HR department or the concerned authorities ensure the return of company property. Employees are typically aware that company property should be returned, as retaining it could harm their reputation and future job prospects in the small world of business.

Can the management take any legal action against a worker who left the company without prior notice and also took company properties? The problem is that the management did not issue any appointment letter to him. Do you have any ideas on how to recover the company properties?